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» Police

You Don't Say

I have a tough time not laughing when I think something is funny. I suspect that other people know this and try to make me laugh at inopportune times. Often, they don’t have to try at all. Twice in a row, law enforcement personnel have inadvertently tested my ability to keep a straight face. Given the circumstances, I’m quite proud of myself for suppressing laughter. The first time, I was waiting to get into a maximum security area of a jail after hours. There was some kind of problem with the normal intake area for attorney visits at the facility, so a detention officer had to walk me around the outside of the building to the back entrance for employees. The detention officer was a … Read entire article »

Filed under: Police

More Victims of the Drug War

Local news was filled with stories about Chandler Police officer Carlos Ledesma after he was killed in the line of duty on July 28, 2010. The stories describe a former Marine and Persian Gulf War veteran, a proud father and husband with two young boys. He was shot while conducting an undercover “reversal operation” in Phoenix. From what I’ve read about the case, the facts sound all too familiar. An informant tells the police he has buyers who want to buy a large quantity of marijuana. Police set up a meeting where the informant meets with the buyers and establishes the terms of the deal. The buyers check out a sample of weed provided by officers and prove they have the money. Later, at the … Read entire article »

Filed under: News, Police

Unusual DUIs

I’m a huge fan of Lawrence Taylor’s DUI Blog. His post yesterday was about police charging a man on a bicycle with driving under the influence. He previously put up a post about a lawn mower DUI. The most offensive DUI case I’ve heard is probably this one, where a poor lady was cited for wheel chair DUI. Every time I hear about someone getting charged with DUI on something other than a car, truck, or motorcycle, I marvel at the stupidity of anti-DUI zealots. How dangerous are these drunk bicyclists and lawn mowers? More importantly, how much more dangerous are they than a drunk person without transportation? Do authorities really think they’re protecting the public by prosecuting that lady in her wheel chair? … Read entire article »

Filed under: DUI, Police

Lying Officers on Appeal

When I review evidentiary hearing transcripts for appeals, I cringe when officers opine about what they saw defendants do. Officers are always 100% sure about what was going on, whether their opinions match the facts or not. A lot of the time, an officer’s opinion about what a defendant did can make a defense motion fail. Any movement by a defendant is a “furtive gesture” suggesting he was hiding something. If the defendant says his pants were falling down and he had to pull them up, the cop will say the defendant was trying to hide something in his pants. “There was no good reason for Mr. So-and-So to be pulling up his pants.” The trial court will almost always agree with the officer and find … Read entire article »

Filed under: Government Rants, Police, Post-Conviction

Super-nosed Cops

I recently had a case where a police officer claimed he was able to smell a very small amount of unburnt marijuana. The amount was the same weight as a level teaspoon of salt, yet the officer pulled over the truck and performed a search of the vehicle without the client’s permission based solely on the odor of unburnt marijuana. The marijuana was located in the back of a closed camper inside two sealed plastic baggies inside a nylon gym bag filled with clothes. I have absolutely no doubt that the officer couldn’t have possibly smelled that marijuana. However, as a defense attorney few tools exist for me to challenge the claim on a scientific basis. I’ve only located one case where a court took … Read entire article »

Filed under: Police, Search and Seizure

Wow

I hope this isn’t a rule here as well. Or do I? … Read entire article »

Filed under: Police

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